UNION SWITCH & SIGNAL CO. v. DAY

No. 209.

16 F.2d 4 (1926)

UNION SWITCH & SIGNAL CO. v. DAY.

Circuit Court of Appeals, Second Circuit.

December 6, 1926.


Attorney(s) appearing for the Case

William S. Pritchard, of New York City, for appellant.

Richard Eyre, Ralph L. Scott, and George E. Cruse, all of New York City, for appellee.

Before HOUGH, HAND, and MACK, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

The legal difficulties pressed upon us in this cause vanish, we think, when the relation of the parties is noted, the meaning of the contracts between them (of 1907 and 1913) declared, and the sequence of relevant occurrences established. When application 460,426 was abandoned in 1915, defendant was in a fiduciary relation to plaintiff, because he was the paid servant of plaintiff's attorney, his act was that...

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